技术标准的法治逻辑与实现路径OA

At the formal level,the formulation and procedural norms provide technical standards with the formal value;at the substantive level,reference as a legislative technique guarantees the substantive validity of technical standards.Taking both of the two levels into consideration,the legal attributes of technical standards should be defined as a category of technical legal norm,which follows a specific set of rule of law logic and promote the legal realization of technical standards through a series of legal activities concluding legislation,law enforcement and the judiciary.In the field of legislation,the reference of technical standards in existing laws provides a practical basis for its entry into the law,requires further improvement of the reference system and the organic interface between technical standards and legislation.In the field of law enforcement,technical standards play an important role in the current law enforcement activities,and the comprehensive construction of the government bound by law requires technical standards to promote the development of administrative law enforcement in the direction of refinement.In the judicial field,technical standards are often referred to and reviewed as a basis for adjudication,requiring further standardization of reference and optimization of review activities.